Dáil Éireann Debate, Tuesday - 30 January 2018
321. Deputy Carol Nolan asked the Minister for Justice and Equality his plans to undertake a review of the domiciliary clause which prohibits the recognition of pre-1986 divorces which were granted in the UK but are not recognised here; and if he will make a statement on the matter. [4502/18]
View answerThe recognition of foreign divorces that were obtained before the Domicile and Recognition of Foreign Divorces Act 1986 came into operation on 2 October 1986 is governed by common law rules on domicile. The judgment in the 2015 Supreme Court case of H v. H [2015] IESC 7 has confirmed that Irish law does not recognise the validity of a divorce lawfully granted prior to 2 October 1986 in a country where neither party to the marriage was domiciled at the date of institution of the divorce proceedings but where one party was resident on that date.
Where there is an issue as to whether a foreign divorce is entitled to recognition, section 29 of the Family Law Act 1995 allows a person to apply to court for a declaration as to marital status, including a declaration as to whether a foreign divorce is entitled to recognition in the State.
I have no plans at present to undertake a review of the law in relation to recognition of foreign divorces which were obtained prior to 2 October 1986.
